litter fine

homer1982

Hi All

My Father in-law received a litter fine in the post for illegal dumping in an area 40 miles away. He is physically unable to carry anything due to a very bad farm accident and cannot walk unaided as a result. When he contacted the county council he was told that a witness reported him, he appealed on the grounds that he was with family on the day in question and that it was just hearsay. He appealed on these grounds and also asked for the identity of the witness that reported him, this was rejected and he was threatened with further action if he did not pay the fine immediately. 
Has he any right to the identity of the witness and could someone advise on the next step for him? Solicitor?
Thanks

nuac

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Leaving open for discussion subject to rule on legal advice

splinter65

homer1982 wrote: »

Hi All

My Father in-law received a litter fine in the post for illegal dumping in an area 40 miles away. He is physically unable to carry anything due to a very bad farm accident and cannot walk unaided as a result. When he contacted the county council he was told that a witness reported him, he appealed on the grounds that he was with family on the day in question and that it was just hearsay. He appealed on these grounds and also asked for the identity of the witness that reported him, this was rejected and he was threatened with further action if he did not pay the fine immediately. 
Has he any right to the identity of the witness and could someone advise on the next step for him? Solicitor?
Thanks

There is more evidence there than just a witness report.
There are either photos and/or items in the rubbish linking the rubbish to your father in law. (Correspondence to him at his address, invoices bank statements etc).
If your father in law arranged for the removal of rubbish on the premis that it would be taken to a proper facility then he has been stung and he can appeal on those grounds but it will probably fall on deaf ears.
He has no right to know the identity of a witness, or there would be no whistleblowers at all.
I have no idea what you think a solicitor will do other than increasing the financial penalty to your dad.
I suppose if he really feels that this is a travesty of justice then he can go to court and make his case to the judge, but it will probably still end up costing him even if he wins.

FishOnABike

Do you have details of what was reported? Would your father have been able to do what was in the report to the council? Could someone else have been using his car on the day in question and be responsible for the dumping?

Was he in the area on the day in question and if not does he have witnesses who are prepared to swear where he was.

If it was based on a car registration number there could easily be a mistake. Does the council hsve any supporting evidence, other than an unidentified third party who could be mistaken?

seamus

As said above, there is likely more evidence there than someone just claiming they saw him dumping it. The "witness report" is probably a farmer who went through the rubbish and found letters addressed to your father in law, and so made the complaint on that basis.

If you pay someone to remove your rubbish who is not licenced to do so, then both you and the waste collector are in breach of the law AFAIK.

So by all means if your father-in-law knows that he didn't dump it and he can prove that all of his waste is collected by a licenced operator, then he can take his day in court.

Unfortunately there are people who prey on elderly people living in rural properties in particular and are more than happy to get paid to take rubbish away that they just throw out the back of the van, down the road.